ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00001017
Complaint(s)/Dispute(s) for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00001458-001 | 14/12/2015 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00001458-002 Withdrawn at hearing | 14/12/2015 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00001458-003 | 14/12/2015 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00001458-004 | 14/12/2015 |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1946 | CA-00001458-005 | 14/12/2015 |
Date of Adjudication Hearing: 07/03/2016
Workplace Relations Commission Adjudication Officer: Jim O'Connell
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and Section 8(1B) of the Unfair Dismissals Act, 1977, following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Minimum Notice and Terms of Employment Act 1973
The claimant commenced employment on the 30th March with the employment ending on the 11th October 2015.It was submitted on behalf of the claimant that he has not receive any payment in lieu of notice. The respondent submitted that the claimant resigned his position.
Findings
Both parties made written and verbal submissions at the hearing.
Decision
Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act. I find that based on the evidence as submitted the claimant resigned his position.
Preliminary Issue
Unfair Dismissals Act 1977
The respondent submitted that the claimant does not have valid complaint under the Unfair Dismissals act as he does not have a minimum of 12 months continuous service as an employee of the respondent .The claimant commenced employment on the 30th March with the employment ending on the 11th October 2015.The respondent provided evidence that the claimant‘s employment was terminated by reason of resignation. It was further submitted that the claimant failed to invoke the grievance procedure throughout his employment. The claimant submitted his notification to resign in writing indicating his reasons for resigning were of a personal nature.
Findings
Both parties made written and verbal submissions at the hearing. I find that having reviewed all the evidence as submitted, that claimant does not have 12 months of continuous service to make a valid complaint under the Unfair Dismissal acts and I also find the claimant resigned his position on the 11th October 2015.
Decision
Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act. Section 8(1B) of the Unfair Dismissals Act, 1977 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act. Based on the evidence as submitted the claimant has not the required service to make a valid complaint under the act. The complaint falls.
Organisation of Working Time Act 1997
The claimant commenced employment on the 30th March with the employment ending on the 11th October 2015.It was submitted on behalf of the claimant that he was not paid for the remaining annual leave he had accumulated when his employment finished on the 11th October 2015. It was stated that according to the respondent’s calculation on the 21st September’ 15 was due 57 hours annual leave
The respondent submitted that the claimant had received his full entitlement and in fact he has availed of 3.4 hours in excess of his leave entitlement
Findings
Both parties made written and verbal submissions at the hearing. I find that based on the evidence as submitted the claimant received his full entitlement to annual leave.
Decision
Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act. I find the complaint is not well founded and falls.
Industrial Relations Acts
The claimant submits that he was in continuous employment with the respondent since the 27th March 2014 and so is in a position to avail of relief under the Unfair Dismissals Acts, the claimant submits that if there is a finding by the adjudicating Officer that the claimants service with the respondent commenced instead on the 24th March 2015 then he submits that the matters raised under the heading of his complaint under the Unfair Dismissals Acts should be instead be considered in the context of a trade dispute under the Industrial Relations Acts.
The respondent submitted that the claimant presented his notification to resign in writing indicating his reasons for resigning were of a personal nature.
Findings
Both parties made written and verbal submissions at the hearing. I find that having reviewed all the evidence as submitted that claimant resigned his position on the 11th October 2015.
Decision:
Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act. Based on the evidence as submitted I support the respondent position and the claim falls.